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Madras High Court

Bus Stand Redeem Group vs The District Collector on 10 April, 2018

Author: T.Raja

Bench: T.Raja

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :  10.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA

W.P.No.8269 of 2018

Bus Stand Redeem Group
rep.by its Coordinator
G.Suresh Kumar
S/o K.Gunaseelan
No.350/11, S.K.Sami Complex High Road
Pernambut
Vellore District					..	Petitioner 

-vs-

1. The District Collector 
    Vellore District
    Vellore

2. The Inspector of Police
    Permanbut Police Station
    Vellore District					..	Respondents 	

	Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records on the file of the second respondent by his office proceeding No.Na.Ka.No.30/Ka.Aa/ Pernambut Kaval Vattam/2018 dated 26.03.2018 and to quash the same and consequently direct the second respondent to grant permission with police protection to the petitioner to conduct demonstration on 09.04.2018 in front of the Taluk Office, Pernambut, Vellore District at 10.00 a.m., to 5.00 p.m.

		For Petitioner		::	Mr.E.Kannadasan

		For Respondents		::	Mr.V.Jayaprakash Narayanan
							Special Government Pleader


ORDER

This writ petition has been filed by Bus Stand Redeem Group represented by its Coordinator, Pernambut challenging the impugned order dated 26.3.2018 passed by the Inspector of Police, Pernambut Police Station, Vellore District rejecting the request of the petitioner to have a demonstration against the decision of shifting the bus stand from Pernambut town to a remote area, namely, Sathkar panchayat, which is far away from the heart of Pernambut town.

2. Learned counsel for the petitioner submitted that when the present place where the existing bus stand is located will be connecting the people of three States, namely, State of Andhra Pradesh, State of Karnataka and State of Tamil Nadu and large number of public including students and workers are every day travelling from Pernambut to Chennai, Bangalore and Tirupati for their livelihood and other requirements, all of a sudden, the first respondent has taken a decision to shift the bus stand from Pernambut town to a remote place, as a result the public are put to grave problem. Therefore, the petitioner group wanted to express their objection not to shift the bus stand from Pernambut town to Sathkar panchayat. In this regard, when permission was sought for to have such a protest and demonstration, the second respondent has blindly refused permission citing a wrong provision, necessitating the petitioner to file the present writ petition challenging the impugned order.

3. But this Court hardly finds any merit in the writ petition. The reason is that when the first respondent, after undertaking various studies, has decided to shift the bus stand from Pernambut town to Sathkar panchayat, it is not known how the petitioner could raise any objection, when the District Collector cannot have an axe to grind for shifting of the bus stand from the town area, which is narrow and congested, to an area in the interest of the public to have free ingress and egress to different places. The petitioner, merely on the ground that the existing place is the connecting point to other places, cannot portray a grievance. When the State has taken a decision to have the bus stand in a better and suitable place, this Court is not inclined to interfere with the same. Hence, the writ petition fails and it is dismissed. Consequently, W.M.P.No.10235 of 2018 is also dismissed. No costs.

Speaking/Non speaking order					10.04.2018
Index  : yes/no

Issue copy on 13.4.2018

ss

To

1. The District Collector 
    Vellore District
    Vellore

2. The Inspector of Police
    Permanbut Police Station
    Vellore District	
T.RAJA, J.

ss






W.P.No.8269 of 2018









10.04.2018